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tv August, 1973 he did take UNG to the Harbour Hotel for dinner. In paragraph 6 he admittod, inter alia, that when he vent with the Zid accused and LNG to LUNG's house, LLUNG was not handcuffed. He mentioned that the 2nd accused took LUNG to a bathouse in Cheng Tol Street for a bath. He stated in the statement that after the bath they entered into separato rooms and enjoyed a massage. No aduitted that in the Nathan Restaurant, UK was not handcuffed and after they had sat down in the Nathan Restaurant one or two nales came over to sit at their table and chatted with the 2nd accused. o said that the said party of males did not go together vith bin to LEONC's home.
He was questioned as to who was present when he visited III's house with the 2nd accused on the 31st July and he said that he was not able to say which of the persons presont vore family neubers of Lane and that CHAN Loi-fat and P.W. 5 "could have been prosent. He said he couldn't tell who was who. Ee said that the 2nd accused over suggested to hin that when they were going to the bathhouse that they should be on the lookout for suspects they might have to arrest there.
Tho colmen law crime of conspiracy has been known to the law of Fagland since the thirteenth century. There is no dearth of definitions of conspiracy, the most often quoted being that of Willes J. in the case of ricany v. The Queen (1560) L.2. 3 H.L. 305 at 317.
For the purpose of the law of contract a person may be held to have agreed to something if he so acts that a reasonable observer would infer such agreement on his part, but the need for mone rea excludes the possibility of such imputation when conspiracy is charged. Fio court mat enquire whether the accused in fact agrvod to the pursuit of the unlawful object (R. v. Thompson 1955) 50 Cr. App. R. 15/14).
I come now to evaluate the evidence in this case.
MUTE Ving-sang, as stated before, was sentenced to death ior murder in respect of the Cactus incident. This sentenco was comutted by the Governor to twenty years.
CHAN Toi-fat in 1973 pleaded guilty to a charge of vounding. He was fined 500 and put on a bond to be of good behaviour for 15 months. In June or July, 1975 CHAN pleaded guilty to being a member of the 1 Triad Society. CILAN has been greated immunity from pro- secution in respect of a charge of vending on the 28th May, 1976.
is wounding charge refers to a fight which he and another witness, M Tze-lung, had with one CHUNG Kei-shing in which that person received an abrasion above the 72. He was also granted innuity in respect of a charge of blackmail for asking money with threats from a girl with whom he had been co-habiting. The Crow said, in fact, no money was paid by the girl. It appears that the girl did not report the latter to the polics but after leaving hin she tell in love with a noliceman and she told him about it. released on bail but failed to appear in answer to his bail. CHAN said this happened shortly after the two accused in this case vore arrested and he was afraid of what they might do to hi time before he gave evidence and to the time he gave idence CHAN Las been in police protective custody. The imunities granted to him
CHAN was
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